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(영문) 서울중앙지방법원 2016.09.20 2015가합548900
해임무효확인의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties are non-corporate groups comprised of representatives from respective buildings in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”), and the Plaintiff is the representative of the said apartment 133 unit, who was elected as the chairperson of the Defendant on January 7, 2015 (the term of office from February 1, 2015 to January 31, 2017).

B. After the appointment of the president, the Plaintiff received business promotion expenses of KRW 500,000 per month in accordance with the rules on the use of operating expenses of the council of occupants’ representatives (hereinafter “Rules on the Use of Operating Expenses”) and from February 2, 2015 to the same year.

4. Until 13. Payment was made 1,157,90 won for actual expenses such as meal expenses; and

C. 1) The apartment complex of this case is a ratio development company (hereinafter “ratio development”)

(A) On March 30, 2015, the agenda was rejected by the council of occupants’ representatives opened on March 30, 2015 for the re-contract for the development of mountain products. The development of mountain products and the comprehensive management of taxation (hereinafter referred to as “comprehensive management of taxation”) in the process of open competitive tendering conducted thereafter.

(2) On May 19, 2015, the council of occupants’ representatives opened on May 19, 2015, the Plaintiff, despite the representative of other buildings, declared that “rate development was excluded. The comprehensive management was awarded a successful bid.”

3) On May 27, 2015, the head of Gwanak-gu requested the Defendant to call a meeting of the council of occupants' representatives on May 27, 2015, where two or more bidders bid at the same price under the relevant regulations, the head of Gwanak-gu shall comply with the determination of the successful bidder by lot, and if not complying with the relevant regulations, he/she may be subject to administrative measures, such as the imposition of administrative fines. (d) The Plaintiff’s dismissal 1) on May 29, 2015, 222 representatives by Dong-gu requested the convocation of the council of occupants’ representatives on the agenda of “the appointment of the president of the council of occupants’ representatives.”

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